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MTI Sustainability Team MTI Sustainability Team

Oregon’s EPR Ruling: What Should the Produce Industry Do Now?

Extended Producer Responsibility (EPR) laws continue to take shape across the country, and a recent federal court decision in Oregon reinforces the need for businesses to prepare for these requirements rather than wait for every legal and regulatory question to be resolved. On August 27, a federal judge upheld Oregon’s Plastic Pollution and Recycling Modernization Act following a constitutional challenge brought by the National Association of Wholesaler-Distributors (NAW). The court rejected claims that Oregon’s EPR law violated the Dormant Commerce Clause and Due Process Clause of the U.S. Constitution, allowing the state to continue implementing its program. The decision is significant because it is the first full court ruling to test a packaging EPR law against the U.S. Constitution. While it applies specifically to Oregon and does not determine the outcome of legal challenges elsewhere, it provides another indication that companies should be preparing for EPR requirements now.

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